Full Order Text
Final Order 1 · 26 Apr 2018 · CNR MHCC010038062018
Order Details: Notice of Motion Pdf Text: NM 1186/2018 SUIT 9986/1991 1 CNR.NO.MHCC010038062018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1186 of 2018 IN SUIT NO.9986 of 1991 M/s.West Coast Carriers . .. Plaintiff Versus Ardeshir B Cursetjee & Sons Limited .. .. Defendant Smt.Kiran Chandurkar advocate for the Plaintiff. Smt.Nikita Shah advocate for the Defendants. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asstt.Judge CR no. : 32 Dated : 26th April,2018 ORDER 1. Defendant had taken out this motion for setting aside no cross order dated 01/02/2018 and allowed them to cross examine the plaintiff witness. 2. Matter was listed for settlement on 19/12/2018 and the next date was wrongly taken in the diary of plaintiff therefore, could not remain present for cross examination. Hence, no cross order has been passed against defendant. As defendant wants to take cross examination of plaintiff witness hence order dated 01/02/2018 be set aside. 3. Plaintiff filed the reply. Plaintiff attending the court regularly but defendant did not appear for cross examination hence, heavy cost my be imposed and motion be dismissed . 4. Plaintiff had shown the willingness for settlement and defendant -- 1 of 3 -- NM 1186/2018 SUIT 9986/1991 2 was directed to remain present for settlement but defendant not appeared before the court. Plaintiff witness remained present regularly before the court. On 01/02/2018 plaintiff witness was present, but neither defendant nor their advocate appeared before the court hence, no cross order has been passed against the defendant. But now, defendant is ready to take cross examination of plaintiff witness. Hence, the no cross order is required to be set aside. 5. Matter is of 1991, due to the absence of the defendant, no cross order has been passed and ultimately matter is prolonged as defendant taken out this motion. Considering this aspect, plaintiff is required to be compensated by imposing cost of Rs.2000/ be paid to the plaintiffs witness then only ‘no cross order’ will be set aside. Hence, proceed to pass following order. ORDER 1. Notice of Motion no.1186/2018 is made absolute subject to cost of Rs.2000/(Rs.Two Thousand only) be paid to the plaintiff witness. 2. After compliance defendant is allowed to cross examine plaintiff witness. Date : 26/04/2018 ( Pushpa N. Rao) Ad hoc Asst.Judge Bombay City Civil Court Greater Mumbai Dictation Direct typed on computer: 26/04/2018 Signed by HHJ on : 26/04/2018 -- 2 of 3 -- NM 1186/2018 SUIT 9986/1991 3 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 03/05/2018at ( 3.12P.M.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt. Pushpa N. Rao (Court Room no.32) Date of Pronouncement of JUDGMENT/ORDER 26/04/2018 JUDGMENT/ORDER signed by P.O.on 26/04/2018 JUDGMENT/ ORDER uploaded on 03/05/2018 . -- 3 of 3 --